If I just got subpeoned as a witness at a re-trial but I don’t want to testify, what will happen if I don’t?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I just got subpeoned as a witness at a re-trial but I don’t want to testify, what will happen if I don’t?
About 7 years ago I took a plea and testified against my co-defendants.
Asked on March 29, 2012 under Criminal Law, Indiana
Answers:
Kevin Bessant / Law Office of Kevin Bessant & Associates
Answered 12 years ago | Contributor
Prosecutors in most states have the power to issue a "witness detainer" against a witness who refuses to testify and refuses to appear at a trial where they were subpoenaed by the State or prosecution. A witness detainer is where the the person who is supposed to testify can be locked up in jail during the duration of the trial or the portion of the trial where they are needed to testify to ensure that they will appear and testify. While this may be a drastic measure, the State can always attempt to have you arrested and locked up if you refuse to testify and fail to show up in court. If you show up to court but refuse to testify, the prosecutor cannot force you to talk on the stand, but they can call you to the witness stand and the judge can order you to answer the prosecutors questions or else be held in contempt of court.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.